WILLIE FRANK DAVIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1985-10-23
No. 85-584
DOWNEY, ANSTEAD and BARKETT, JJ., concur.
477 So. 2d 47 Florida District Court of Appeal, Fourth District (1985) Positive Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We have considered all of appellant’s points on appeal and find no merit in them except that, if the sentence includes assessment of costs against appellant, that aspect of the sentence is stricken.

DOWNEY, ANSTEAD and BARKETT, JJ., concur.


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  • Griffin v. State, 526 So. 2d 752 (Fla. 1st DCA 1988)
    …24 So. 2d at 400; Rutledge v. State, 374 So. 2d 975, 979 (Fla.1979), cert. denied, 446 U.S. 913, 100 S.Ct. 1844, 64 L.Ed.2d 267 (1980); Bell v. State, 93 So. 2d at 577; Begley v. State, 483 So. 2d 70, 72 (Fla. 4th DCA 1986); In the Interest of M.A., 477 So. 2d 47, 48 (Fla. 4th DCA 1985); Davis v. State, 348 So. 2d 1228, 1229-1230 (Fla. 3d DCA 1977), cert. denied, 358 So. 2d 134 (Fla.1978). In evaluating a child’s ability to observe, recollect, and narrate facts, courts are sensitive to the possibility that…
  • Johnson v. State, 486 So. 2d 657 (Fla. 4th DCA 1986)
    …der to pay $15 to the Crimes Compensation Trust Fund and $2 as a court cost; but the trial court never said anything about either. Because the trial court did not express an intention to assess costs against the defendant, we follow Davis v. State, 477 So. 2d 47 (Fla. 4th DCA 1985) (Per curiam) (“[I]f the sentence includes assessment of costs against appellant, that aspect of the sentence is stricken”); and Williams v. State, 478 So. 2d 122 (Fla. 4th DCA 1985) (Per curiam) (“The form of the judgment contain…
  • Baker v. State, 674 So. 2d 199 (Fla. 4th DCA 1996)
    …turbed. Lloyd v. State, 524 So. 2d 396 (Fla.1988); Rutledge v. State, 374 So. 2d 975, 979 (Fla.1979), cert. denied, 446 U.S. 913, 100 S.Ct. 1844, 64 L.Ed.2d 267 (1980); Begley v. State, 483 So. 2d 70, 72 (Fla. 4th DCA 1986); In the Interest of M.A., 477 So. 2d 47, 48 (Fla. 4th DCA 1985); Davis v. State, 348 So. 2d 1228, 1229-1230 (Fla. 3d DCA 1977), cert. denied, 358 So. 2d 134 (Fla.1978). In the case at bar, we find no abuse of that discretion. Under the two prong test in Lloyd, the child proved her intell…

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